Terms of Service
Lumify Care, Inc.
Effective Date: February 3, 2023
Lumify Care Inc. (collectively, "Lumify," "our," "us," or "we") operates websites, provides products, and provides services through mobile and other applications. We refer to these as "site(s)," "service(s)," "application(s)", or "sites and/or services."
Unless otherwise stated, these terms of service apply to all our sites and services. These terms of service do not apply to those sites and services that have their own terms of service.
By using our sites and/or services you agree to the following:
1. Acceptance of Terms of Service and Amendments
Each time you use or cause access to our sites or services, you agree to be bound by these Terms of Service, as amended from time to time with or without notice. In addition, you will be subject to any rules or guidelines applicable to any particular site or service you utilize.
2. Provided Sites and Services
Our sites and services are provided on an "AS IS" basis. You agree that we reserve the right to modify or discontinue our sites and services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
4. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other documents ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content. You agree that our sites or services may expose you to content that may be objectionable or offensive. We will not be responsible to you in any way for content displayed on our sites or services, nor for any error or omission.
By using our sites or services, you explicitly agree that:
- you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of any of our sites or services; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
- you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
- you will not collect or harvest any information about other users;
- you will not use our sites or services or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use our sites or services to promote or operate any service or content without our prior approval;
- you will not provide any content that may give rise to us being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including - but not limited to - laws relating to copyrights, trademarks, patents, or trade secrets.
5. Submission of Content on Our Sites and Services
By providing any content to our sites or services:
- you agree to grant us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
- you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us the license specified here;
- you agree that you will not submit sensitive personal information about yourself or others, including but not limited to Social Security numbers, drivers license numbers, passport numbers, government ID numbers, bank account numbers, and health insurance information;
- you acknowledge and agree that we will have the right (but not obligation), at our entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
6. Third-Party Goods and Services
(i) Goods and services of third parties may be advertised and/or made available for purchase and/or use on or through our sites or services. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by those third parties. We will not in any manner be liable for or responsible for any of your dealings or interaction with third parties, including but not limited to the quality of product or service provided by a third-party, even if those products or services are recommended on our sites or services. Any dissatisfaction with a good or service should not be addressed to us, and instead be addressed to the retailer, manufacturer or provider, as appropriate.
(ii) If you sign up to be a provider of good(s), product(s), and/or service(s) to be made available through our sites and services, then you further agree that:
- the information about your good(s), product(s), and/or service(s) as well as your own brand is accurate and a fair representation of such, whether input manually or automatically, including via third-party integration(s);
- you will update said information if it changes;
- you have all the rights, materials, means, personnel, and/or inventory necessary to provide your good(s), product(s), and/or service(s) to our users;
- we are under no obligation to make available to our users any good(s), product(s), and/or service(s) you inform us about;
- we are under no obligation to list, publicize, promote, endorse, or in any way acknowledge your brand or any of its good(s), product(s), and/or service(s);
- any costs, fees, payments, or other monetary exchange between us shall be agreed upon by both parties ahead of time.
You agree to indemnify and hold harmless Lumify Care, Inc. and our representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with our sites or services, your provision of content, your violation of these Terms of Service, or any other violation by you of applicable laws or the rights of another person or party.
8. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES AND SERVICES OR CONTENT PROVIDED IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA OUR SITES OR SERVICES MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT WE WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other tasks and conditions remain enforceable notwithstanding.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
10. Reservation of Rights
Lumify Care, Inc. reserves all of its, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in respect of our sites and services, their content, and goods and services that may be provided. The use of our rights and property requires our prior written consent. By making services available to you, we are not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of our sites or services without our prior approval.
11. Notification of Copyright Infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted via email at:
12. Applicable Law
You agree that these Terms of Service and any dispute arising out of your use of our sites or services provided will be governed by and construed in accordance with local laws applicable in the State of Pennsylvania, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By using our sites or services, you accept that jurisdiction is granted to the courts of the State of Pennsylvania, and that any disputes will be heard by said courts.
13. Miscellaneous Information
(i) In the event that any provision of these Terms of Service is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Service will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of our sites or services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) Lumify Care, Inc. may assign our rights and obligations under these Terms of Service; in this event, we will be relieved of any further obligation.